The Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami, SAN, has said the United States is yet to notify the Nigerian authorities of the indictment of the Chairman and Chief Executive Officer of Air Peace Limited, Chief Allen Onyema, in the United States on allegations of fraud and money laundering.

Malami told THISDAY last night by telephone that the U.S. government had neither officially communicated Onyema’s indictment to Nigeria nor requested his arrest or extradition based on a mutual legal agreement on criminal matters between the two countries.

The AGF’s comments are the first official reaction to the indictment. This is coming on the heels of a report that a United States District Court in the Northern District of Georgia had issued a warrant of arrest against Onyema after his indictment on money laundering and bank fraud charges in the U.S.

According to court documents obtained by an online newspaper, PREMIUM TIMES, the warrant was signed by an American magistrate, Justin Anand, on November 19. It authorised the U.S. Marshals Service to immediately take Onyema into custody for questioning.

Consequently, the report also said, the United States authorities had frozen about $14.2 million in different bank accounts linked to companies registered by Onyema.

But Malami said he was yet to receive any communication or request for Onyema’s arrest or extradition to the United States following his indictment by a grand jury in Atlanta Georgia.

“We have not received any request from the United States based on existing Mutual Legal Assistance between both countries,” the AGF stated.
Asked whether Nigeria would accede to a such request if received, Malami said, “It would be subjected to justifiable, objective legal analysis and review to evaluate the evidence, just like any other such request based on MLA between Nigeria and United States,” he declared.

Article I of the Mutual Legal Assistance states as follows – Scope of Assistance

1. The Contracting Parties shall, upon request and in accordance with the provisions of this Treaty, provide mutual assistance in connection with the investigation, prosecution, and prevention of crimes, and in proceedings related to criminal matters.
2. Such assistance shall include:
a) taking the testimony or statements of persons;
b)providing documents, records, and articles of evidence;
c) serving documents;
d) locating and identifying persons;
e) transferring persons in custody for testimony or other purposes;
f) executing requests for searches and seizures;
g) tracing, identifying, and immobilizing criminally obtained assets;
h) assisting in proceedings related to forfeiture, restitution, and collection of fines; and
i) any other form of assistance not prohibited by the laws of the Requested State.
3. Assistance shall be provided without regard to whether the conduct which is the subject of the investigation, prosecution, or proceedings in the Requesting State would constitute a crime under the laws of the Requested State.

Article II – Central Authorities

1. Each Contracting Party shall designate a Central Authority to make and receive requests pursuant to this Treaty.
2. For the United states of America, the Central Authority shall be the Attorney General or a person designated by him. For the Federal Republic of Nigeria, the Central Authority shall be the Attorney General of the Federation or a person designated by him.
3. The Central Authorities shall communicate directly with each other for the purposes of this Treaty.

Article III – Limitations on Assistance

1. The Central Authority of the Requested State may deny assistance if:
a) a request is not in compliance with the provisions of this Treaty:
b) the request relates to a political offense:
c) the request relates to an offense under military law which would not be an offense under ordinary criminal law: or
d) the execution of the request would be contrary to the Constitution of the Requested State or would prejudice the security or other essential national interests of that state.

However, Onyema has denied the allegations against him, describing them as strange and unfounded. A statement by his solicitors, A.O. Alegeh & Co. Legal Practitioners, denied all the allegations and vowed that their client would defend himself against all allegations in the court of law.
Executive Director of Air Peace Limited, Ejiroghene Egbagha, who was charged alongside Onyema, has also vowed to defend herself against the fraud charges, insisting they are untrue.

The latest development is believed to be the fallout of a mutual legal assistance agreement entered into by the U.S. and Nigeria, which allows the two countries to extradite suspects facing criminal charges. Although it is unclear whether the US authorities have sought the extradition of Onyema as part of efforts to execute the warrant of arrest issued against him.

Already, some bank accounts linked to his company in the US and Canada have been frozen with their substantial balances as part of the investigation.